What happens if my criminal case goes to court?

All criminal cases that are to be dealt with by the court system begin in the magistrates’ court. Where a person is charged with a criminal offence, they will need to attend court so that the case can be dealt with. The person that attends court charged with the criminal offence is known as a defendant. When a person is charged with a crime, they can either be released on bail with certain conditions (including attending the court hearing) or held in custody for the next available court hearing.  

Attending the hearing 

It is vitally important that you attend the first court hearing. If you are on bail and fail to attend then this can lead to you being arrested and a further charge being added. The court can also deal with the matter in your absence without you giving your version of events, which is another reason why it is so important that you do attend. 

What happens at the first hearing? 

The first hearing deals with a range of matters. It will be in front of either a District Judge (who is professionally trained in law) or three magistrates (who are lay members without any legal experience). There will also be a legal advisor.  

Cases are either: 

• Summary, meaning they are dealt with at a magistrates’ court 

• Either way, which means they can remain at the magistrates’ court or be sent to the Crown court- either on direction of the magistrates or at the choice of the defendant 

• Indictable only, which means they have to be dealt with at the Crown Court. 

For summary and either-way cases, the defendant will be asked to enter a plea. If it is guilty then the court will decide arrangements for sentencing. If it is not guilty then the court will have to determine the process for a trial (and for either way cases, in which court this will happen). 

Even with a guilty plea, it is likely that the matter will not be resolved on that day since the court may need further information, such as a pre-sentence report from the probation service. 

It is possibly for you to represent yourself but generally it is always advisable to have a lawyer represent you to make sure you get the best possible outcome in your case. Make sure your lawyer is aware of the details of the court hearing so that they attend to represent you.  

Bail 

At this first hearing, if the defendant attends in custody, they then have the opportunity to apply to the court for bail. The court will listen to both the defendant (or their representative) and the prosecutor to determine whether there is a risk if the defendant is released on bail until the next hearing and if there are factors that can be used to mitigate these concerns.  

Tips for attending court 

It is understandable that attending court can be very overwhelming. Here are some tips and common questions answered: 

• Children are not allowed in the court room so consider making alternative childcare arrangements or bring someone to court to remain with them during your hearing 

• Be prepared to wait- cases can be moved around and delays do happen. Bring along some food and drink and something quiet that you can keep yourself occupied with while you wait 

• Dress respectably to show that you are taking the hearing seriously 

• Make sure you leave plenty of time to get to court and that you are on time. It will not be viewed favourably if you are late and the hearing can proceed in your absence, putting you at a severe disadvantage 

• There is a lot of security at any court and your bags will be searched and you may be body searched. You are allowed to take your mobile with you but this must remain off in court- judges do not take kindly to phones ringing when court is in session and it can result in embarrassment or the judge holding you in contempt of court